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MORELAND v. AUSTIN

No. 17992.

330 P.2d 136 (1958)

Byron V. MORELAND and Essie G. Moreland, Plaintiffs in Error, v. E. H. AUSTIN and Ernest F. Austin, by E. H. Austin, his next friend and father, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 14, 1958.

Attorney(s) appearing for the Case

Lewis M. Perkins, Howell W. Cobb, Durango, Bentley M. McMullin, Aurora, for plaintiffs in error.

E. Ellison Hatfield, Durango, Benjamin E. Sweet, Denver, William C. Horther, Durango, Arthur Cassidy, Denver, for defendants in error.

KNAUSS, Justice.

The parties are here in the inverse order of their appearance in the trial court. We shall refer to plaintiffs in error as defendants and to defendants in error as plaintiffs.

The first count of plaintiffs' amended complaint alleged that pursuant to a written contract dated September 25, 1951, defendants sold to plaintiffs sixteen milk cows and certain land in La Plata County, Colorado, and that defendants...

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